Allahabad Court December 1929 Judgments
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Tika Ram Vs. Moti Lal
Court: Allahabad
Decided on: Dec-03-1929
Reported in: AIR1930All299
1. This case has been referred to a Bench of two Judges by an learned Judge of this Court because in his opinion the point raised in it is one which arises almost every day in civil litigations as to title, and it is desirable that an authoritative opinion be laid down.2. The plaintiff appellant claimed possession of a piece of land in front of his house by demolition of certain constructions made by the defendants on a portion of it adjoining his own house, as well as for injunction and damages. The defendant had succeeded in obtaining a lease from the Municipal Board of this plot of land, which, however, was subsequently revoked by the Board at the instance of the plaintiff. The plaintiff claimed the land as his own property and repudiated the assertion that is was Nazul land. On the other hand the defendant pleaded in the first place that the north-western portion of it on which his constructions stood was his own land, and also pleaded that the rest of the land was Nazul land under...
Anand Behari Lal Vs. Emperor
Court: Allahabad
Decided on: Dec-02-1929
Reported in: AIR1930All259
Dalal, J.1. The learned Government Advocate has now obtained particulars and I am made acquainted with the proceedings taken by the District Magistrate of Farrukhabad. It appears that the District Magistrate received a complaint from a patwari school teacher that he had not received his salary during the time he was on leave. It appears to have been the duty of the applicant Anand Behari Lal to distribute the pay, and the District Magistrate suspected that Anand Bihari Lal was guilty of embezzlement. He immediately issued a warrant for Anand Bihari Lal's arrest and directed a subordinate Magistrate to hold an inquiry. There has been no examination of the complainant as is emphatically directed in Section 200, Criminal P. C, see Section 202(1)(a). There does not appear to be any authority given to a Magistrate to keep an accused person in custody just as is given to the police under Section 167 of the Code to enable the police to carry out further investigation. In my opinion custody ca...
Tulsi Ram Vs. Municipal Board
Court: Allahabad
Decided on: Dec-02-1929
Reported in: AIR1930All379a
Dalal, J.1. There is a considerable confusion as to the steps which should be taken to bring fresh parties on to the record ninety days after the death of the party in whose place substitution is desired. The ruling of a single Judge of this Court in Lachmi Narain v. Muhammad Yusuf [1920] 42 All. 540 lays down an excellent workable rule that there would be an automatic abatement and the party who wishes to be substituted should apply under Order 22, Rule 9, for setting aside the automatic abatement and for substitution. Unfortunately there was dissent from this ruling by a Bench of this Court in Mt. Gujrati v. Sital Misir A.I.R. 1922 All. 209. It is curious that such a Bench-judgment which overrules a reported cases in a volume of the Allahabad Law Journal should not be reported in that journal or in the Indian Law Reports. I am stating this from information given to me at the Bar. Without commencing on the validity of either ruling the Bench ruling greatly complicates procedure becaus...
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